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2014 Supreme(Mad) 409
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JAICHANDREN, J.
S. Arivarasan
Versus
A. Vijaya & Others
C.M.A. No. 3127 of 2007
Decided on: 21-02-2014
For the Appellant :B. Nedunchezhiyan, Advocate. For the Respondents:S. Kumaradevan, Advocate.
The court can dispose of an appeal based on a settlement reached between the parties through mediation, as recorded in the Mediation Agreement.
Headnote:
Mediation Agreement - Civil Miscellaneous Appeal - The court disposed of the appeal based on the settlement reached between the parties through mediation, as recorded in the Mediation Agreement dated 3.11.2010.
Fact of the Case:
The appeal was filed challenging a judgment and decree, but the matter was settled between the parties through mediation, and the appeal was disposed of based on the terms of the Mediation Agreement.
Finding of the Court:
The court found that the parties had reached a settlement through mediation and disposed of the appeal accordingly.
Issues:
Ratio Decidendi: The court's decision was influenced by the settlement reached between the parties through mediation, as recorded in the Mediation Agreement.
Final Decision: The appeal was disposed of based on the settlement reached between the parties through mediation, as recorded in the Mediation Agreement dated 3.11.2010.
1. This Civil Miscellaneous Appeal has been filed challenging the judgment and decree, dated 7.8.2007, made in M.C.O.P. No.61 of 2004, on the file of the Principal Subordinate Judge, Mayiladuthurai.
2. The matter was referred for mediation to the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, by the order of this Court, dated 21.9.2010.
3. A communication, dated 7.2.2011, of the Tamil Nadu Mediation and Conciliation Centre, High Court, Madras, has been received, enclosing a copy of the Mediation Report, dated 10.12.2010, stating that the matter has been settled between the parties concerned, as per the terms cited in the Mediation Agreement, dated 3.11.2010.
4. As the parties have arrived at a settlement, in terms of the Mediation Agreement, dated 3.11.2010, this Appeal is listed for passing orders.
5. The Mediation Agreement, dated 3.11.2010, signed by the parties, as well as their respective counsels, reads as follows:-
"Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:
The petitioner has filed a CMA against the award passed by the Tribunal. On the direction of the Hon'ble High Court the said case was posted for Mediation on 20.10.2010 both the parties have agreed for amicable settlement out of their volition and without any pressure or coercion from any side on the following terms hereunder.
The Appellant/Petitioner Thiru Arivarasan has agreed to pay Rs.1,85,000/- [Rupees one lakh and eighty five thousand only] as full and final settlement towards the award amount.
The respondent Tmt.Vijaya has agreed to receive the same and she undertakes that she will not claim any further amount for herself or on behalf of the minors from the petitioner in respect of award passed by the Tribunal.
It is agreed by both the parties that a sum of Rs.1,00,000/- [Rupees one lakh only] shall be paid on 10th November 2010 by the Appellant / Petitioner to the respondent and the balance sum of Rs.85,000/- [Rupees eighty five thousand only] shall be paid on 10th of December 2010.
Rs.80,000/- [Rupees eighty thousand only] shall be deposited in the fixed deposit in the name of two minors namely Prasanna and Praveena equally and as agreed Tmt.A.Vijaya, Mother of Minors is permitted to withdraw accrued interest every month. The balance amount of Rs.1,05,000/- [Rupees one lakh and five thousand only] shall be paid to Tmt.A.Vijaya.
The Appellant had already deposited Rs.25,000/- [Rupees twenty five thousand only] on the directions of the Hon'ble High Court, and as agreed Tmt.Vijaya is permitted to withdraw the same."
6. In terms of the settlement arrived at between the parties, which is recorded under the Mediation Agreement, dated 3.11.2010, this Civil Miscellaneous Appeal is disposed of. The terms of the Mediation Agreement, dated 3.11.2010, shall form part of the record. M.P.No.1 of 2007 is closed.
